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Patna High Court

Deepa Devi @ Deepa KumariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that pre‑arrest bail could not be granted in the present case.

Summary

The petitioners, Deepa Devi and Pinkesh Kumar Bishwas, were arrested in connection with PS Mahalgaon Case No. 66 of 2026 for alleged offences under Sections 8(c), 21(b), and 29 of the NDPS Act read with Section 111 of the Bihar Narcotic Substances Act. They applied for pre‑arrest bail before the Patna High Court. The learned judge examined the allegations in the FIR and concluded that the seriousness of the charges did not warrant the grant of pre‑arrest bail. Consequently, the court declined to enlarge bail and directed the petitioners to surrender before the District Court to seek regular bail. The judge further indicated that the District Court could dispose of the regular bail application on the basis of material gathered during investigation. The bail application was therefore disposed of.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail for offences under the NDPS Act and the Bihar Narcotic Substances Act.

Legislation cited

Subjects

  • pre‑arrest bail
  • NDPS Act
  • Bihar Narcotic Substances Act
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43766 of 2026
                      Arising Out of PS. Case No.-66 Year-2026 Thana- MAHALGAON District- Araria
                 ======================================================
           1.     Deepa Devi @ Deepa Kumari Wife of Deepak Kumar Bishwas @ Deepak
                  Kumar Resident of village - Borail, Ward no. 10, Ps- Mahalgaon, Dist-
                  Araria
           2.    Pinkesh Kumar Bishwas @ Pinkesh Kumar @ Pinkash Kumar son of
                 Siyaram Bishwas Resident of village - Borail, Ward no. 10, Ps- Mahalgaon,
                 Dist- Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-07-2026                     Heard Mr. Vijay Kishore Bharti, learned counsel

                   appearing on behalf of the petitioner and Mr. Ajay Kumar Jha,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Mahalgaon P.S. Case No. 66 of 2026 registered for the

                   offence punishable under Sections 8(c), 21(b), 29 of the NDPS

                   Act read with Section 111 of the B.N.S.

                                3. Having considered the allegation made against the

                   petitioners in the FIR, I am not inclined to enlarge the

                   petitioners on pre-arrest bail.

                                4. However, the petitioners, if so advised, may

                   surrender before the learned District Court and seek regular bail.
              Patna High Court CR. MISC. No.43766 of 2026(2) dt.08-07-2026
                                                          2/2




                        In that case, the learned District Court may consider to disposed

                        of the bail application of the petitioners on the same day on the

                        basis of material which has come in course of investigation.

                                     5. Accordingly, the present bail application stands

                        disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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